Terms and Conditions for Basic Members

This agreement (hereinafter called ”the Agreement”) is made between

Boomtown ApS.
Axel Torv 1
1609 Copenhagen V
CVR nr. 31 250 757
Denmark (hereinafter called ”Boomtown”)

AND

you (hereinafter called ”the Customer”)

1. Boomtown Basic Membership

A Boomtown Basic Membership gives the Customer access to a number of member advantages described on boomtown.net. The Boomtown Basic Membership cannot be transferred. The Boomtown Basic Membership is free.

2. Information about the Customer

The Customer is obliged to give correct and true information about him-/herself when the Agreement is made and to keep the information up to date. The Customer may change or delete the registered information at any time, using the “My Profile” function at boomtown.net. The Customer is solely responsible for keeping the chosen password confidential – it is not kept by Boomtown for security reasons. Boomtown suggests that the Customer ensures the nickname contains no personal information or hints as to their real identity.

The information about the Customer is used by Boomtown in order to identify and to fulfil Boomtowns obligations in relation to the Agreement. The information is kept as long as it is necessary in compliance with the purpose. Boomtown uses the necessary security to keep all data, but Boomtown is not obliged to recreate member data. Furthermore, Boomtown is not liable to pay damages for losses occurring as a consequence of lost data in the Customer’s user profile.

If the membership has not been used in a full period of three months Boomtown may terminate the membership and delete all information about the member. The customer may always enter into a new agreement with Boomtown, however Boomtown cannot guarantee that the username and nickname is then available.

3. The general obligations of the Customer

The Customer is obliged to use the hardware and software provided by Boomtown in accordance with its purpose and the guidelines that Boomtown may put down at any time. The guidelines may be found on boomtown.net.

The Customer must keep within the laws of the Kingdom of Denmark. The Customer warrants that the Customer’s use of the hardware and software provided by Boomtown is legal in every respect, and that the Customer bears the full responsibility for any claim resulting from the Customer’s illegal use of these. Should the Customer become aware of abuse of the hardware and software provided, Boomtown should be informed about this as soon as possible.

4. Boomtown's obligations

Boomtown aims to run the hardware and software provided by Boomtown as safely and stably as circumstances permit. Boomtown may close access to the hardware and/or software completely or partially due to security or operational reasons.

5. Boomtown’s limited liability

Boomtown does not make refunds for any period when the Customer is unable to use his/her membership. Boomtown is in no way responsible for the material or the messages which users type, transmit or send via the hardware and software provided by Boomtown. Boomtown is in no way part of any agreements the Customer may enter into while using the hardware and software provided by Boomtown.

6. Termination

The Customer may resign the subscription at any time. This can be done on boomtown.net. Boomtown may terminate the membership with one month’ notice.

7. Breach and rescission

Boomtown can rescind the Agreement immediately in case of serious breach. It is considered a serious breach if:

The Customer uses the hardware and software provided by Boomtown contrary to the purpose and this Agreement,
The Customer gives wrong or misleading data or does not make the necessary updates
The Customer does not follow the guidelines given by Boomtown

8. Messages in accordance with this Agreement

In accordance with this Agreement, messages can be sent to Boomtown via the online formular at http://boomtown.net/en_uk/support/. Boomtown can send messages to the Customer via the email address stated under the customer information at any time.

9. Logging and monitoring

In connection with activities on the hardware and software provided by Boomtown, a registration of the Customer’s activities is made. This information is only registered for statistical purposes. The information is kept as long as it is necessary in compliance with the purpose.

10. Disclosure of personal information

In connection with illegal activities in connection with using the hardware and software provided, Boomtown may disclose personal information to the Police. Other than that Boomtown will not disclose any personal information to any third party without the Customer’s consent.

Boomtown has the right to carry out data mining (statistical breakdown of data) and has the right to sell the result in the polls after the data mining. The statistical material is not connected with particular persons and does not lead to user names, email addresses, private addresses or other information that could be used for spam or the like.

11. Governing law and choice of forum

In all matters between Boomtown and the Customer, including controversies about the use and construction of the Agreement, the laws of the Kingdom of Denmark are applicable to this Agreement. All controversies between Boomtown and the Customer must be settled in a Danish court of law and must in the first instance be heard in the district court of Copenhagen.

12. Commencement

These conditions enter into force September 5th 2003.